Flashcards
Crime
Cards in this deck (15)
- 1Meaning of CrimeCrime: act or omission committed against community, punishable by state
- 2Elements of CrimeActus reus: 'guilty act'. The intention of physically committing the act.
Mens rea: 'guilty mind'. Accused committed crime with the knowledge of what they were doing was wrong.
Intention, Recklessness and Negligence - 3Strict Liability OffencesONLY actus reus to be shown
- Less serious offences
"On the spot fines"
Commonly refers to traffic offences (speeding) - 4CausationCausation: relationship between behaviour of accused and result.
'Royal v R (1991)- High Court of Aus - 5Category of CrimeOffences against person: murder, assault, sexual assault
Offences against sovereign: treason, sedition
Economic offences: property, white collar-crime
Drug offences: trafficking, possession
Traffic offences: speeding, drink driving, negligent driving
Public order offences: swearing, obstructing traffic
Preliminary offences: attempts, conspiracy - 6Summary and Indictable OffencesSummary: less serious offences. Heard in local court by Magistrate. Punishment is less severe > fine
Indictable: more serious offences. Tried by judge/jury. Punishment is severe > imprisonment - 7Parties to CrimePrincipal in 1st Degree: main offender.
Principal in 2nd Degree: present at the time. Assisted/encouraged
Accessory before the fact: someone who helped. Helped to plan.
Accessory after the fact: someone assisting after crime has been committed. (rid of evidence) - 8Factors affecting Criminal BehaviourPsychological: mental illness
Social: people and their attitude to law and authority
Economic: suffering from economic disadvantages from mainstream society > less respect for law
Genetic
Political
Self-Interest: greed - 9Crime PreventionSituational: focuses on physical sense of crime > making crime more difficult to commit.
Social: aims to break cycle by targeting social factors > poor parenting/low education levels - 10Criminal Investigation Process - Police Powers (LEPRA)Police > form executive arm of government
- Ability to make arrests, interrogate, gather evidence against accused.
Law Enforcement (Power and Responsibility) Act (2002)
Main Powers: detain and question, search and seize, arrest and interrogate
Excessive force > Robert Curti Case (2012)
- Brazilian tourist under influence of drugs and alcohol. Robbed shop and ran from police. Police tasered 17 times but not all hit. Resulted in Curti dead. - 11- Reporting CrimeCitizens play a huge role, use discretion whether to report or not.
R v Smith (2008) - 12- Investigating CrimeGathering Evidence > evidence needs to be gathered to support chrage.
(Evidence Act 1995)
Use of Technology > DNA evidence
Search and Seizures > Part 4 of LEPRA police can 'search people and seize, detain things' (Sniffer Dogs)
Use of Warrants: certain searches cannot be performed without warrant.
> Part 5 LEPRA - 13- Arrest and charge, summons, warrantsArrest: Police cannot detain without lawful reason. Should be last resort. (LEPRA). Police must inform suspect under arrest and why.
Charge: Police must release suspect or bring before magistrate for bail hearing.
Summons: Court Attendance Notice. - 14- Bail or RemandBail: Temporary release of accused person awaiting trial.
(Bail Act 2013) (NSW)
' Tough Bail Laws Cause Rise in Imprison Rates' (Sydney Lawyers 2016)
Remand: Period of time spent in custody awaiting trial. Not allowed back into community. - 15- Detention and Interrogation, Rights of SuspectsDetention and Interrogation: Police can question suspect for 4 hours, apply to magistrate for additional 8 hours.
Detention > ' Terrorism (Police Powers) Act 2001' (NSW)
Interrogation: suspect has right to silence.
Evidence Amendment (Right to Silence) Act 1995 (NSW)
'The Question; Should the right to silence be removed' 2016'
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- Year 12 Legal Studies Flashcards on Crime, created by Samantha Pennisi on 13/09/2018.
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- Samantha Pennisi
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